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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Pompeyfaith v Co-op PPI


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If my memory serves me right im sure it was you that helped me in getting back bank charges in 2007 which was successful :-) only i now got about another £300 of charges since then still ill deal with the PPI first then sort that out.

 

Yes it was you thank you for that http://www.consumeractiongroup.co.uk/forum/cooperative-bank/62447-carter-co-op-2.html

 

Sound advice that worked a treat :-)

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thank You Paintball any help i can get with this is very much appreciated im just wondering now what oldbanker means by letter code!!!! sounds very interesting.

Regards

 

Leon

Ha! sounds like a Facebooky thing

If my memory serves me right im sure it was you that helped me in getting back bank charges in 2007 which was successful :-) only i now got about another £300 of charges since then still ill deal with the PPI first then sort that out.

 

Yes it was you thank you for that http://www.consumeractiongroup.co.uk/forum/cooperative-bank/62447-carter-co-op-2.html

 

Sound advice that worked a treat :-)

Yep, I remember! Have you got your second bank charges claim in yet?

 

PPI should be manageable. Let's see what comes up from the SAR.

 

 

 

:)

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Not started a second bank charges claim yet as i was not sure if they would confuse that with my PPI claim.

 

Regards

 

Leon

 

P.S Theres a big cream donut waiting for you on facebook lol!!!!!!!!!!!!

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya All

 

Just had a second response to my letter dated 3rd october, Now need a bit of help to compose a reply.

 

Ill add the letter at the bottom of this email basicly they are refusing to refund the ppi on the grounds that i ticked the box to indicate that i wanted it.

 

But the case was that i was under the impession that it was a reqirerment to get the loan and i was not told that the ppi was optional and i could choose to buy elsewhere.

 

In the letter they also give no answer to my question why was i sold it when i have a pre-existing medical condition.

 

Should i send another letter outlining again where they mis-sold and state again pre-existing medical conditions which they did not answer too in my last letter.

 

How long should i give them before going to FOS 2 weeks?

 

They have offered to refund the ppi on my present loan pro-rata though as if to cloud my eyes

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/PPIRESPONSELETTER2PAGE1-1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/PPIRESPONSELETTERPAGE2.jpg

 

Regards

 

Leon

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hello pompeyfaith,

 

Hiya All

 

Just had a second response to my letter dated 3rd october, Now need a bit of help to compose a reply.

 

Ill add the letter at the bottom of this email basicly they are refusing to refund the ppi on the grounds that i ticked the box to indicate that i wanted it.

 

But the case was that i was under the impession that it was a reqirerment to get the loan and i was not told that the ppi was optional and i could choose to buy elsewhere.

 

In the letter they also give no answer to my question why was i sold it when i have a pre-existing medical condition. (This is the important bit as if they refuse to accept or notify you that Pre existing medical conditions would be a reason you could not claim then they are failing to ensure the Insurance would indeed meet your requirements if you were signed off work with a medical condition.

Should i send another letter outlining again where they mis-sold and state again pre-existing medical conditions which they did not answer too in my last letter. YES

 

How long should i give them before going to FOS 2 weeks? How long have they had now as 40 days to provide CCA +2 postage is the limit?

 

They have offered to refund the ppi on my present loan pro-rata though as if to cloud my eyes

 

http://i321.photobucket.com/albums/n...ER2PAGE1-1.jpg

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Firstly this is the Co-op trying to wiggle out of their responsibilities:eek:

I think Yes but ask for other opinions:)

 

My first point is...the photobucket does not address fully the pre existing medical conditions you mention and their response does not satisfy your original complaint:eek:

 

Time for more action and I guess others will have some input to this to help you out;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thank You Alanalana for your imput most appriciated, Ive just had a thought today i collected a DDA Medical Pro-Forma from my GP which has a diagnosis date of 08/04/1990 its for the EMA dept but as it does not state on there the EMA Address i will send a copy of this to the Co-op as prove of my medical condition.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/DDAMEDICALPROFORMA.jpg

 

Regards

 

Leon

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Way to Go Pompeyfaith.

 

Thank You Alanalana for your imput most appriciated, Ive just had a thought today i collected a DDA Medical Pro-Forma from my GP which has a diagnosis date of 08/04/1990 its for the EMA dept but as it does not state on there the EMA Address i will send a copy of this to the Co-op as prove of my medical condition.

 

Regards

 

Leon

Let us all know how it goes. Pre existing medical conditions was largely overlooked by most of the banks selling PPI so go for it;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Way to Go Pompeyfaith.

 

 

Let us all know how it goes. Pre existing medical conditions was largely overlooked by most of the banks selling PPI so go for it;)

 

aa

 

Hello,

 

Fairness to customers was largely overlooked by them as well. They were clouded by their strive for profit at any cost. They were all like sheep, one bank did it and they all jumped on the bandwagon, you can imagine them going to "apply ppi at any cost" school.:lol:

 

pompy was the ca ppi acceptance box already pre-ticked:wink:

 

As regards their refund, they are not giving you anything whatsoever, they are only refunded back the unpaid portion of the remaining ppi cover, which I bet is not as much as you have paid them. This is what they have to do if you cancel the ppi. There is guidence from the fsa regarding this. Look in the stickies.

 

Get after them and do not take no for an answer:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Well pointed out hhnf,

 

Fairness to customers was largely overlooked by them as well. They were clouded by their strive for profit at any cost. They were all like sheep, one bank did it and they all jumped on the bandwagon, you can imagine them going to "apply ppi at any cost" school.:lol:

 

Yes, they knowing all your financial information also knew when the time was right to pounce with a consolidation offer. With the inevitable PPI.

Very underhanded and immoral IMO:eek:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hellhasnofury and Alanalana thank you for your comments they are most welcome any info i can glean from others is appriciated.

 

The tick boxes where indeed already ticked i applied for these loans over the phone and when i got the application though all i had to do was sign the loan acceptance and return.

 

In the letter they sent i thought i had only had 4 loans with them but it looks like i had 5 so thanks to co-op i will be going for ppi on 5 and not 4 !!!!!.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Stick with it Pompeyfaith;)

 

and Good luck with your reclaim:)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Share on other sites

The tick boxes where indeed already ticked i applied for these loans over the phone and when i got the application though all i had to do was sign the loan acceptance and return.

 

Well this gave you the option eh:rolleyes:

If they box was already ticked then they gave you no choice regarding the ppi policy:-D

Have you asked for the recorded telephone conversations:-D

In the letter they sent i thought i had only had 4 loans with them but it looks like i had 5 so thanks to co-op i will be going for ppi on 5 and not 4 !!!!!.

Leon

 

Excellent news for you Leon, it is truely amazing what you can find out if you push hard enough, more for you to reclaim:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hiya All

 

Ok this is the letter in reply i have done any chance one of you kind people could check it over for me so i can get it posted soon as.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/co-opreplyletter2page1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/co-opreplyletterpage2.jpg

 

What you think will this do the job?

 

Regards

 

Leon

 

P.S Ive just prove read it an noticed a spelling mistake og should have been in so disregard that

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Share on other sites

bump

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Share on other sites

Hi Leon

 

Here is my version of the letter you could send to the Co-Op:

 

Date

 

Re: Loan account number xxxxx

 

Dear X

 

LETTER BEFORE ACTION

 

I am in receipt of your letter dated X in which you respond to my assertion that the Cooperative Bank has mis-sold Payment Protection Insurance (PPI) to me when I took out a loan on date.

 

I am shocked and disappointed in your continued assertions that you have conducted yourselves in a manner that is appropriate for an extremely large and well respected financial institution. I continue to assert that this has not been my experience. You have failed in your duty by selling me a product that did not suit my individual circumstances, you have failed in your duty to provide me with sufficient and appropriate information to allow me to make an informed choice when purchasing the compulsory PPI, and you have sold me a product that I assert is useless to me as pre-existing medical conditions were not ascertained by your salesperson which therefore rendered the policy useless to me as I would have been unable to make a claim on it.

 

PPI is not a compulsory product when taking out a loan, and adding PPI to my loan account in this way is a clear breach of both FSA regulations and guidelines and the Banking Code of Practice provided to the financial services industry. As a respected financial organisation, you will have been quite aware of these regulations and this makes your organisation's action even more serious. It is extremely poor business practice to say the least.

 

In taking out a loan with the Cooperative Bank, I reserved the right as your customer to receive appropriate information to enable me to take out a compulsory insurance product that suited my demands and needs. the Cooperative Bank had an obligation to me the borrower, to provide sufficient and appropriate information to enable me to make an informed decision as to the suitability of both the loan and the PPI to meet my needs and financial circumstances. I should also have been made aware of alternative options available, or comparative costs of similar PPI products from other suppliers, which information as a well known financial institution, you would most certainly have had access to.

 

The Financial Services Authority (FSA) provides guidelines which your organisation should adhere to while making both Advised and Non-Advised sales. Where a Non-Advised sale takes place, as in my own case "The customer must, however, still receive sufficient information on the product to enable them to make an informed decision as to whether it meets their own demands and needs." (FSA) These regulations apply to the lender whether the sale is made face-to-face, over the telephone as in my case, or via a lender's website.

 

At no point did I receive any such information, either by letter, document or telephone call which followed the above guideline. The documents that you have provided copies of do not contain any of the information that I have outlined above and cannot, therefore, be deemed as meeting the standard of care which you should have provided.

 

I assert that I have been deprived of the right to choose PPI when taking out the loan, and that you have taken advantage of my lack of knowledge.

 

I reposed absolute trust in your ability as a respected financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when taking out a financial product with your organisation. This has not been the case and I am extremely shocked and disappointed.

 

I would further suggest that the Principles of Business which are legally binding on the Cooperative Bank under the Financial Services and Markets Act 2000 and which are contained in the FSA Handbook, have not been followed. Therefore you are in breach of regulations.

 

I would remind you that the FSA takes the mis-selling of PPI extremely seriously and you will be aware that recent investigations by both the FSA and the Competition Commission have found that lenders continue to engage in "poor sales practices" and that "customers were not informed orally of both the monthly and total cost of their PPI". (FSA report, 30 September 2008.)

 

I request the return of (insert amount here plus interest) within 14 days of receipt of this letter by you. If you do not comply with my request, I will have no option but to escalate my claim to the courts. I should remind you that the FOS take the issue of mis-selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations.

 

Yours sincerely

 

 

Pompeyfaith

Edited by Paintball
Addition of text ...
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Hiya paintball

 

I've done a letter and posted it on page 2 just needs someone to check it for me.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Way to go, Absolutly Fantastic i could not have worded it better

 

Thank You

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Leon, thanks for your comments, you're welcome :)

 

I just feel that the time has come to let any lender know that we are aware of the guidelines and standards of care they should be providing and that if they fail to stick to these, then we are aware of our rights and won't stand for their nonsense.

 

Hit them where it hurts.

 

BTW, I'm just thinking that this will be your LBA and have amended the letter accordingly ...

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Thank you Painty Ive amended accordingly

 

Your a star ive ticked your scales

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 2 weeks later...

Good Morning Caggers,

 

Well this morning Ive had a response to my second letter, But not quite a V for victory yet.

 

Firstly they state the balance on my current loan WITHOUT PPI is £7078.20 but on my online loan account it states the balance to be £6565.16 which includes PPI ?

 

Secondly although they have agreed to refund all my PPI on 9 loan accounts in total they are only offering the simple calculation of 8%, Now had i not been given the run around and they came clean first time i would of accepted this but now i want the contractual rate on all accounts.

 

Lastly there is no mention of refund of any of the payments and interest i made on this accounts.

 

I will now post up the reply for you to scrutinize for me and let me know what you think.

 

Nearly there by the looks of things, But i think they were hoping id see the monthly payment on my current loan reduced to £31.09 from £142.00 and i would be quick to sign and return.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE4.jpg

 

I await in eagerness for your response.

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Good Morning Caggers,

 

Well this morning Ive had a response to my second letter, But not quite a V for victory yet.

 

Firstly they state the balance on my current loan WITHOUT PPI is £7078.20 but on my online loan account it states the balance to be £6565.16 which includes PPI ?

 

Secondly although they have agreed to refund all my PPI on 9 loan accounts in total they are only offering the simple calculation of 8%, Now had i not been given the run around and they came clean first time i would of accepted this but now i want the contractual rate on all accounts.

 

Lastly there is no mention of refund of any of the payments and interest i made on this accounts.

 

I will now post up the reply for you to scrutinize for me and let me know what you think.

 

Nearly there by the looks of things, But i think they were hoping id see the monthly payment on my current loan reduced to £31.09 from £142.00 and i would be quick to sign and return.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPRESPONSE27-10-08PAGE4.jpg

 

I await in eagerness for your response.

 

Regards

 

Leon

 

Hello Leon,

 

It is getting better and better for you:-D.

 

Now regarding their calculations, can I ask if what they are refunding the difference in what you should have paid and the amount you paid. Was that just the ppi premium cost. Or is it the ppi premium and the interest that they added to it:confused:

 

This is important to know, because they may be happy to refund what the actual ppi premium cost, but are keeping what they charged you in interest to themselves.

 

You require the cost of the ppi, and the interest they applied to it and then interest on top:grin:

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If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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OK what i'm gona do is scan and post up 4 of the loan agreements for you to look at, But what it looks like they have done is just used the figures after settlement of the loans and not taken into consideration the payments with interest before settlement.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPAGREEMENT84.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPAGREEMENT83.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPAGREEMENT82-1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COOPAGREEMENT81.jpg

 

Regards

 

Leon

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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